which they omitted nothing of their former Slanders against His Majesties Government but inserted certain Propositions declarative of their own pretended Right viz. I. That whatsoever they declare to be Law ought not to be questioned by the King II. That no Precedent can be Limits to bound their Proceedings III. That a Parliament for the Public Good may dispose of any thing wherein the King or Subject hath a Right and that they without the King are this Parliament and the Judge of this Public Good and that the King's consent is not necessary IV. That no Member of either House ought to be troubled for Treason Felony or any other Crime unless the Cause he first brought before the Paliament that they may judge of the Fact and give leave to proceed if they see Cause V. That the Sovereign Power resides in both Houses and that the King ought to have no Negative Voice VI. That the Levying of Forces against the Personal Commands of the King though accompanied with his presence is not Levying War against the King but the Levying of War against his Politic Person viz. his Laws c. VII That Treason cannot be committed against his Person otherwise than as he is intrusted with the Kingdom and discharges that Trust and that they have a Power to judge whether he hath discharged his Trust or not VIII That they may dispose of the King when they will B. This is plain-dealing and without hypocrisie Could the City of London swallow this A. Yes and more too if need be London you know has a great Belly but no palate nor taste of Right and Wrong In the Parliament Roll of Henry IV. amongst the Articles of the Oath the King at his Coronation took there is one runs thus Concedes Justas Leges Consuetudines esse tenendas promiâ—tes per te eas esse protegendas ad honorem Dei corroborandas quas Vulgus elegerit Which the Parliament urged for their Legislative Authority and therefore interpret quas Vulgus elegerit which the People shall choose as if the King should swear to protect and corroborate Laws before they were made whether they be Good or Bad whereas the words signifie no more but that he shall protect and corroborate such Laws as they have chosen that is to say the Acts of Parliament then in being And in the Records of the Exchequer it is thus Will yea grant to hold and keep the Laws and rightful Customs which the Commonalty of this your Kingdom have And will you defend and uphold them c And this was the Answer His Majesty made to that Point B. I think His Answer very full and clear but if the words were to be interpreted in the other sence yet I see no reason why the King should be bound to swear to them for Henry IV. came to the Crown by the Votes of a Parliament not much inferior in wickedness to this Long Parliament that Deposed and Murdered their Lawful King saving that it was not the Parliament it self but the Usurper that murdered King Richard II. A. About a week after in the beginning of May the Parliament sent the King another Paper which they stil'd The Humble Petition and Advice of both Houses Containing Nineteen Propositions which when you shall hear you shall be able to judge what Power they meant to leave to the King more than to any of His Subjects The first of them is this I. That the Lords and other of His Majesties Privy Council and all great Officers of State both at home and abroad be put from their Imployments and from his Council save only such as should be approved of by both Houses of Parliament and none put into their places but by approbation of the said Houses And that all Privy Counsellors take an Oath for the due Execution of their places in such form as shall be agreed upon by the said Houses II. That the great Affairs of the Kingdom be Debated Resolv'd and Transacted only in Parliament and such as shall presume to do any thing to the contrary to be reserved to the Censure of the Parliament and such other Matters of State as are proper for His Majesties Privy Council shall be Debated and Concluded by such as shall from time to time be chosen for that place by both Houses of Parliament And that no Publick Act concerning the Affairs of the Kingdom which are proper for his Privy Council be esteemed valid as proceeding from the Royal Authority unless it be done by the Advice and Consent of the Major part of the Council attested under their Hands and that the Council be not more than 25 nor less than 15 and that when a Counsellors place falls it shall not be supplied without the assent of the Major part of the Council and that such choice also shall be void if the next Parliament after confirm it not III. That the Lord High Steward of England Lord High Constable Lord Chancellor or Lord Keeper of the Great Seal Lord Treasurer Lord Privy Seal Earl Marshal Lord Admiral Warden of the Cinque Ports chief Governor of Ireland Chancellor of the Exchequer Master of the Wards Secretaries of State Two Chief Justices and Chief Baron be always chosen with the Approbation of both Houses of Parliament and in the Intervals of Parliament by the Major part of the Privy Council IV. That the Government of the King's Children shall he committed to such as both Houses shall approve of and in the Intervals of Parliament such as the Privy Council shall approve of that the Servants then about them against whom the Houses have just exception should be remov'd V. That no Marriage be concluded or treated of for any of the King's Children without consent of Parliament VI. That the Laws in force against the Jesuits Priests and Popish Recusants be strictly put in execution VII That the Votes of Popish Lords in the House of Peers be taken away and that a Bill be passed for the Education of the Children of Papists in the Protestant Religion VIII That the King will be pleas'd to reform the Church-Government and Liturgy in such manner as both Houses of Parliament shall advise IX That he would be pleased to rest satisfied with that course the Lords and Commons have appointed for ordering the Militia and recall his Declarations and Proclamations against it X. That such Members as have been put out of any Place or Office since this Parliament began may be restor'd or have satisfaction XI That all Privy Counsellors and Judges take an Oath the Form whereof shall be agreed on and setled by Act of Parliament for the maintaining the Petition of Right and of certain Statutes made by the Parliament XII That all the Judges and Officers placed by Approbation of both Houses of Parliament may hold their places quamdiu benè se gesserint XIII That the Justice of Parliament may pass upon all Delinquents whether they be within the Kingdom or fled out of it
liberty in one form of Government than another A. Howsoever to the people that understand by Liberty nothing but leave to do what they list it was a Title not ungrateful Their next work was to set forth a publick Declaration that they were fully resolved to maintain the Fundamental Laws of the Nation as to the preservation of the Lives Liberties and Proprieties of the people B. What did they mean by the Fundamental Laws of the Nation A. Nothing but to abuse the people for the only Fur damental Law in every Common-Wealth is to obey the Laws from time to time which he shall make to whom the people have given the Supreme Power How likely then are they to uphold the Fundamental Laws that had murdered him who was by themselves so often acknowledged their lawful Soveraign Besides at the same time that this Declaration came forth they were erecting the High Court of Justice which took away the lives of Duke Hamilton the Earl of Holland and the Lord Capel whatsoever they meant by a Fundamental Law the Erecting of this Court was a breach of it as being warranted by no former Law or Example in England At the same time also they levied Taxes by Soldiers and permitted Free Qarter to them and did many other Actions which if the King had done they would have said had been done against the Liberty and Propriety of the Subject B. What silly things are the common sort of people to be cozen'd as they were so grosly A. What sort of people as to this matter are not of the common sort the crastiest Knaves of all the Rump were no wiser than the rest whom they cozen'd for the most of them did believe that the same things which they impos'd upon the generality were just and reasonable and especially the great Haranguers and such as pretended to Learning for who can be a good Subject in a Monarchy whose Principles are taken from the Enemies of Monarchy such as were Cicoro Seneca Cato and other Polititians of Rome and Aristotle of Athens who spake of Kings but as Wolves and other ravenous Beasts You may perhap think a man has need of nothing else to know the duty he owes to his Governour and what right he has to order him but a good Natural Wit But it is otherwise for it is a Science and built upon sure and clear Principles and to be learn'd by deep and careful study or from Masters that have deeply studied it And who was there in the Parliament or in the Nation that could find out those evident Principles and derive from thence the necessary Rules of Justice and the necessary Connexion of Justice and Peace The people have one day in seven the leisure to hear Instructions and there are Ministers appointed to teach them their duty But how have these Ministers perform'd their Office A great part of them namely the Presbyterian Ministers throughout all the whole War instigated the people against the King so did also Independant and other Fanatick Ministers There contented with their Livings preached in their Parishes points of Controversie to Religion impertinent but to the breach of Charity among themselves very effectual or else Eloquent things which the people either understood not or thought themselves not concern'd in But this sort of Preachers as they did little good so they did little hurt the mischief proceeded wholly from the Presbyterian Preachers who by a long practis'd Histrionick Faculty preached up the Rebellion powerfully B. To what end A. To the end that the State becoming popular the Church might be so too and govern'd by an Assembly and consequently as they thought seeing Politicks are subservient to Religion they might govern and thereby satisfie their covetous humour with Riches and also their malice with Power to undo all men that admir'd not their Wisdom Your calling the people silly things oblig'd me by this digression to shew you that it is not want of Wit but want of the Science of Justice that brought them into these troubles Perswade if you can that man that has made his Fortune or made it greater or an Eloquent Orator or a ravishing Poet or a subtil Lawyer or but a good hunter or a cunning Gamester that he has not a good Wit and yet there were of all these a great many so silly as to be deceived by the Rump They wanted not wit but the knowledg of the Causes and grounds upon which one person has a right to govern and the rest an obligation to obey which grounds are necessary to be taught the people who without them cannot live long in peace among themselves B. Let us return if you please to the proceedings of the Rump A. In the rest of the year they voted a new Stamp for the Coyn of this Nation They considered also of Agents to be sent into Foreign Parts and having lately receiv'd Applause from the Army for their work done by the High Court of Justice and incouragement to extend the same farther they perfected the said High Court of Justice in which were tryed Duke Hamilton the Earl of Holland the Lord Capel the Earl of Norwich and Sir John Owen whereof as I mention'd before the first three were beheaded This affrighted divers of the Kings Party out of the Land for not only they but all that had born Arms for the King were 〈◊〉 that time in very great danger of their lives for it waâ— put to the question by the Army at a Council of Waâ— whether they should be all Massacred or no wherâ— the No's carried it but by two Voices Lastly Marâ—â— 24. they put the Mayor of London out of his Office fined him two thousand pound disfranchised him and condemn'd him to two Months Imprisonment in the Tower for refusing to proclaim the Act for abolishing of the Kingly Power And thus ended the year 1648. and the Monthly Fast God having granted that which they fasted for the death of the King and the possession of his Inheritance By these their Proceedings they had already lost the hearts of the generality of the People and had nothing to trust to but the Army which was not in their power but in Cromwel's who never fail'd when there was occasion to put them upon all Exploits that might make them odious to the people in order to his future dissolving them whensoever it should conduce to his ends In the beginning of 1649. the Scots discontented with the proceedings of the Rump against the late King began to levy Soldiers in order to a new Invasion of England The Irish Rebels for want of timely resistance from England were grown terrible and the English Army at home infected by the Adjutators began to cast about how to share the Land among the Godly meaning themselves and such others as they pleas'd who were therefore call'd Levellers Also the Rump for the present were not very well provided of Money and therefore the first thing they did was the laying of a
BEHEMOTH OR AN EPITOME OF THE Civil Wars OF ENGLAND From 1640 to 1660. By THOMAS HOBS of Malmsbury LONDON Printed ANNO DOM. 1679 THE HISTORY OF THE Civil Wars OF ENGLAND A. IF in time as in place there were Degrees of high and low I verily believe that the highest of time would be that which passeth betwixt 1640 and 1660. For he that thence as from the Divils Mountain should have looked upon the World and observed the Actions of Men especially in England might have had a prospect of all kinds of Injustice and of all kinds of Folly that the world could afford and how they were produced by their Hypocrisy and self-conceit whereof the one is double Iniquity and the other double Folly B. I should be glad to behold the Prospect You that have lived in that time and in that part of your Age wherein Men used to see best into good and evil I pray you set â—â—e that could not see so well upon the same Mountain by the relation of the actions you then saw and of their causes Pretentions Justice Order Artifice and Events A. In the year 1640. The Government of England was Monarchical and the King that reigned Charles the I. of that Name holding the Soveraignty by Right of a Discent continued above 600 years and from a much longer Discent King of Sotland and from the Time of his Ancestors Henry the 2. King of Ireland a man that wanted no Vertue either of Body or Mind nor endeavour'd any thing more than to discharge his duty towards his God in the well-governing of his Subjects B. How could he than miscarry having in every County so many Train'd-bands as would put together have made an Army of 60000 Men and divers Magazines of Ammunition in places fortified If those Souldiers had been as they and all others of his Subjects ought to have been at his Majesties command The Peace and Happiness of the three Kingdoms had continued as it was left by K. James but the people were corrupted generally and Disobedient Persons esteemed the best Patriots B. But sure there were Men enough besides those that were ill-affected to have made an Army sufficient for to have kept the People from uniting into a Body able to oppose him A. Truly if the King had had Money I think he might have had Souldiers enough in England for there were very few of the common People that cared much for either of the Causes but would have taken any side for pay and plunder But the Kings Treasure was very low and his Enemies that pretended the Peoples ease from Taxes and other specious things had the Command of the Purses of the City of London and of most Cities and Corporate Towns in England and of many particular Persons besides B. But how comes the People to be so corrupted and what kind of People were they that did so seduce them A. The Seducers were of divers sorts One sort were Ministers Ministers as they called themselves of Christ and sometimes in their Sermons to the People Gods Embassadors pretending to have a Right from God to govern every one his Parish and their Assembly the whole Nation Secondly There were a very great number though not comparable to the other which notwithstanding that the Popes Power in England both Temporal and Ecclesiastical had been by Act of Parliament abolished did still retain a belief that we ought to be governed by the Pope whom they pretended to be the Vicar of Christ and in the Right of Christ to be the Governour of all Christian People and these were known by the Name of PAPISTS as the Ministers I mentioned before were commonly called PRESBYTERIANS Thirdly There were not a few who in the beginning of the Troubles were not discovered but shortly after declared themselves for a Liberty in Religion and those of different Opinions one from another Some of them because they would have all Congregations free and independant upon one another were called INDEPENDANTS others that held Baptism to Infants and such as understood not into what they are Baptized to be ineffectual were called therefore ANABAPTISTS Others that held that Christs Kingdom was at this time to begin upon Earth were called FIFTH-MONARCHY-MEN besides divers other Sects as QUAKERS ADAMITES c. whose names and peculiar Doctrines I do not very well remember and these were the Enemies which arose against his Majesty from the private Interpretation of the Scripture exposed to every Mans scanning in his Mother Tongue Fourthly There were an exceeding great number of Men of the greater sort that had been so educated as that in their youth having read the Books written by famous men of the Ancient Grecian and Roman Commonwealths concerning their Policy and great Actions in which Book the Popular Government was extol'd by that glorious Name of Liberty and Monarchy disgraced by the Name of Tyranny they became thereby in love with their form of Government And out of these men were chosen the greatest part of the HOUSE OF COMMONS Or if they were not the greatest part yet by advantage of their Eloquence were always able to sway the rest Fifthly The City of London and other great Towns of Trade having in admiration the prosperity of the low Countries after they had revolted from their Monarch the King of Spain were inclined to think that the like change of Government here would to them produce the like prosperity Sixthly There were a very great Number that had either wasted their fortunes or thought them too mean for the good part they thought were in themselves and more there were that had able bodies and saw no means how honestly to get their Bread These longed for a War and hoped to maintain themselves hereafter by the lucky chusing of a Party to side with and consequently did for the most part serve under them that had greatest plenty of Money Lastly The People in general were so ignorant of their Duties as that not one perhaps of 1000. knew what Right any man had to command him or what necessity there was of King or Commonwealth for which he was to part with his Money against his will but thought himself to be so much Master of whatsoever he possest that it could not be taken from him upon any pretence of Common Safety without his own consent King they thought was but a Title of the highest honour which Gentlemen Knight Baron Earl Duke were but steps to ascend to with the help of Riches and had no Rule of Equity but Precedents and Custom and he was thought wisest and fittest to be chosen for a Parliament who was worst averse to the granting of Subsidies or other publick Payments B. In such a Constitution of People methinks the King is already outed of his Government so as they need not have taken Arms for it For I cannot imagine how the King should come by any means to resist them A. There was indeed very great difficulty in the business but of
on but also by the Earl of Strafford himself he would have pardoned him if that could have preserved him from the Tumult raised and countenanced by the Parliament it self for the terrifying of those they thought might favour him and yet the King himself did not stick to confess afterwards that he had done amiss in that he did not rescue him B. 'T was an Argument of a good disposition in the King but I never read that Augustus Caesar acknowledged that he did a fault in abandoning Cicero to the fury of his Enemy Antonius perhaps because Cicero having been of the contrary Faction to his Father had done Augustus no service at all not out of favour to him but only out of enmity to Antonius and of love to the Senate that is indeed out of love to himself that swayed the Senate as it is very likely the Earl of Strafford came over to the King's Party for his own ends having been so much against the King in former Parliaments A. We cannot safely judge of men's intentions but I have observed often that such as seek preferment by their Stubbornness have missed of their aim and on the other side that those Princes that with preferment are forced to buy the Obedience of their Subjects are already or must be soon after in a very weak condition for in a Market where Honour is to be bought with Stubbornness there will be a great many as able to buy as my Lord Strafford was B. You have read that when Hercules fighting with the Hydra had cut off any one of his many Heads there still arose two other Heads in it's place and yet at last he cut them off all A. The story is told false for Hercules at first did not cut off those Heads but bought them off and afterwards when he saw that did him no good then he cut them off and got the Victory B. What did they next A. After the first Impeachment of the Earl of Strafford the House of Commons upon December 18. accused the Arch-Bishop of Canterbury also of High Treason that is of a Design to introduce Arbitrary Government c. For which he was February 18. sent to the Tower but his Trial and Execution were deferred a long time till January 10. 1643. for the entertainment of the Scots that were come into England to aid the Parliament B. Why did the Scots think there were so much danger in the Arch-Bishop of Canterbury he was not a Man of War nor a Man able to bring an Army into the Field but he was perhaps a very great Politician A. That did not appear by any remarkable events of his Councils I never heard but he was a very honest man for his Morals and a very zealous promoter of the Church Government by Bishops and that he desired to have the Service of God performed and the House of God adorned as suitably as was possible to the Honour we ought to do to the Divine Majesty But to bring as he did into the State his Former Controversies I mean his squablings in the University about Free Will and his standing upon Punctilio's concerning the Service-Book and its Rubricks was not in my opinion an Argument of his sufficiency in Affairs of State About the same time they passed an Act which the King consented to for a Triennial Parliament wherein was Enacted That after the present Parliament there should be a Parliament call'd by the King within the space of three years and so from three years to three years to meet at Westminster upon a certain day named in the Act. B. But what if the King did not call it finding it perhaps inconvenient or hurtful to the Safety or Peace of his People which God hath put into his Charge for I do not well comprehend how any Soveraign can well keep a People in order when his hands are-tied or when he hath any other Obligation upon him than the benefit of those he Governs And at this time for any thing you told me they acknowledged the King for their Soveraign A. I know not but such was the Act And it was farther Enacted That if the King did it not by his own Command then the Lord Chancellour or the Lord Keeper for the time being should send out the Writs of Summons And if the Chancellour refused then the Sheriffs of the several Counties of themselves at the next County Courts before the day set down for the Parliament's meeting should proceed to Election of the Members for the said Parliament B. But what if the Sheriffs refused A. I think they were to be sworn to it but for that and other particulars I refer you to the Act. B. To whom should they be sworn when there is no Parliament A. No doubt but to the King whether there be a Parliament sitting or no. B. Then the King may Release them of their Oath A. Besides They obtained of the King the putting down the Star Chamber and the High Commission Courts B. Besides If the King upon the refusal should fall upon them in an Anger Who shall the Parliament not sitting Protect either the Chancellor or the Sheriffs in their Disobedience A. I pray you do not ask me any Reason of such things I understand no better than you I tell you only an Act passed to that purpose and was Signed by the King in the middle of February a little before the Arch-Bishop was sent to the Tower Besides this Bill the two Houses of Parliament agreed upon another wherein it was Enacted That the present Parliament would continue till both the Houses did consent to the Dissolution of it which Bill also the King Signed the same day he Signed the Warrant for the Execution of the Earl of Strafford B. What a great Progress made the Parliament towards the ends of the most seditious Members of both Houses in so little time They sat down in November and now it was May in this space of time which is but half a year they won from the King the Adherence which was due to him from his People they drove his faithfullest Servants from him beheaded the Earl of Strafford Imprisoned the Arch-Bishop of Canterbury obtained a Triennial Parliament after their own Dissolution and a continuance of their own sitting as long as they listed which last amounted to a total extinction of the King 's right in case that such a Grant were valid which I think is not unless the soveraignty it self be in plain terms renounced which it was not but what Money by way of subsidue or otherwise did they grant the King in recompence of all these his large concessions A. None at all but often promised they would make him the most glorious King that ever was in England which were words that passed well enough for welmeaning with the common People B. But the Parliament was contented now for I cannot imagin what they should desire more from the King than he had now granted them A. Yes